Mainelli v. Providence Journal Co.

DAY, District Judge.

This matter is now before me for a determination, under the provisions of Rule 12(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A., of the sufficiency of the “First Defense” asserted in the defendant’s answer to each of the four remaining counts of the plaintiff’s complaint. As originally filed said complaint contained five counts, the fifth of which was dismissed by me upon defendant’s motion for lack of federal jurisdiction. Mainelli v. Providence Journal Company, 1962, D.C.R.I., 201 F.Supp. 7. Said “First Defense” is that each of said four counts “fails to state…